Which matters follow this procedure
Fast-track criminal proceedings are reserved for certain offences and must meet the requirements of Article 795 of the Spanish Criminal Procedure Act. These include certain road traffic offences. You may receive a summons even if you have not been arrested; it is worth checking what role it says you have in the proceedings.
How your defence is prepared
Initial review. Check the summons, establish the reason for the appearance and arrange legal assistance.
Review of the case. Examine the police report and available evidence, prepare for the court appearance and assess the relevant investigative steps.
Procedural decisions. Analyse the accusation and your defence options. Depending on the circumstances, the case may be closed, the investigation may continue or the case may proceed to trial.
Explanation of the consequences. Before you decide, clarify the penalties sought, any potential financial liabilities and the scope of any proposal to accept the charges and sentence.
Accepting the charges and sentence: a decision you need to understand
Accepting the charges and sentence can lead to a conviction. The one-third reduction provided for in Article 801 depends on meeting its requirements and the relevant judicial scrutiny. Before deciding, it is worth reviewing the penalties, financial liabilities and, where relevant, the requirements for suspending a prison sentence.
What to tell us when you get in touch
Call 628 890 366 and give the date and time stated in the summons, the town, the court or police station, and whether anyone has been arrested. Add your contact number and preferred language. For this initial request, there is no need to send the full case file, identity documents or sensitive information about other people.
Keep your summons and prepare the questions you would like answered. The documents needed will be agreed later. Assistance for criminal emergencies is available 24 hours a day.
Legal sources consulted
- Spanish Criminal Procedure Act, Article 795: scope of fast-track criminal proceedings and summons without arrest
- Spanish Criminal Procedure Act, Article 796: legal assistance and police procedures
- Spanish Criminal Procedure Act, Article 797: urgent investigative steps
- Spanish Criminal Procedure Act, Article 798: continuation of proceedings
- Spanish Criminal Procedure Act, Article 800: preparation for trial
- Spanish Criminal Procedure Act, Article 801: acceptance of the charges and sentence, and sentence reduction
- Spanish Criminal Procedure Act, Article 787 ter: freely given and informed acceptance of the charges and sentence
